No person, business, company, firm or entity
shall place upon any public land, sidewalk, road, street or building
any self-service or money-operated box, container, device, storage
unit or other type of dispenser which is used or maintained for the
display and sale of newspapers, newsletters or other news periodicals
(hereinafter referred to as "newsracks") without first obtaining a
permit.
All newsracks for which a permit is required
shall comply with the following standards:
A. No newsrack shall exceed 50 inches in height, 25 inches
in width or 20 inches in thickness.
B. No newsrack shall be used for any advertising or publicity
purposes except that the name of the newspaper, newsletter or news
periodical may be placed on the newsrack in letters not to exceed
12 inches in height.
C. Each newsrack shall be equipped with a coin-return
mechanism to allow a person to receive an immediate refund in the
event that he is unable to receive the publication paid for. The coin-return
mechanism shall be maintained in good working order. There shall be
affixed to each newsrack, in a readily visible location, a notice
containing the name, address and telephone number of a working telephone
service which a person can call to report a malfunction or to obtain
a refund, and a notice that, if the person receives no response from
the owner of the newsrack, that the person should contact the Police
Department. The nonemergency telephone number of the Police Department
shall be listed. In the event that the Police Department receives
five or more complaints about any newsrack, the newsrack shall be
removed and returned to the owner, any cost incurred shall be reimbursed
by the owner.
D. Each newsrack shall be maintained in a neat and clean
condition and in good repair.
E. The area, through which the publication is viewed
shall be made of a plastic or nonbreakable glass material which shall
be reasonably free of cracks, dents, blemishes and discoloration.
F. There shall be no paper or cardboard parts exposed.
No newsrack shall be placed in the following
manner:
A. Within 10 feet of any marked crosswalk or street intersection,
fire hydrant, emergency call box, driveway or any designated bus stop.
B. Within 25 feet of any designated school bus stop.
C. Within 500 feet of any other newsrack on the same
street containing the same issue or edition of the same publication.
D. Within any area that will reduce the clear space for
pedestrian passage to less than six feet.
In the event that it is determined by the Chief
of Police that any newsrack placed on any public land or building
violates the provisions of this Article, the Chief of Police shall
notify the owner of the newsrack of the violation and the owner shall
have five days to correct the violation. If the violation is not corrected
within five days, the Chief of Police shall cause the newsrack to
be removed and the owner shall be charged a fee of $25 for each newsrack
removed. If the owner fails to pay such fee within 15 days, all permits
shall be revoked and all newsracks removed from public property.
[Amended 3-12-2007 by Ord. No. 07-03]
Any person aggrieved by the actions of the Chief
of Police shall appeal the decision to the Mayor. The appeal must
be taken within three days of denial and the Mayor shall render a
decision within five days. The Mayor's decision shall be final.
In the event that a newsrack remains empty for
a period of 15 consecutive days, the newsrack shall be deemed abandoned
and shall be removed, and all cost incurred by the Town shall be paid
by the owner.
No person, business, company or firm shall place
on any Town-owned property any device which is used for the delivery
of any newspaper or newsletters, except that the provisions of this
section shall not apply to any device used for the delivery of United
States Mail.